Case Note & Summary
The petitioner, Smt. Anupama Rodrigues, filed a Criminal Writ Petition before the High Court of Bombay at Goa seeking quashing of FIR No.4/2017 dated 3.3.2017 registered at Panaji Women Police Station under Section 323 IPC read with Section 8(2) of the Goa Children's Act, 2003. The FIR was lodged by respondent no.3, Smt. Payal Modi, alleging that the petitioner had hit her son Vedant with a metal water bottle, causing a deep wound on his head that required stapling under local anaesthesia. The petitioner and respondent no.3 were neighbours residing in the same housing society. Subsequently, the parties amicably settled their dispute and differences, and both expressed their desire not to proceed with the criminal investigation or prosecution to maintain harmony in the society. The petitioner approached the High Court under its inherent jurisdiction. The court considered the nature of the offences and noted that Section 323 IPC is compoundable with the permission of the court under Section 320 CrPC, and Section 8(2) of the Goa Children's Act, 2003 is also compoundable. Given the settlement and the parties' wish to maintain cordial relations, the court held that continuing the proceedings would be an abuse of the process of law. The court quashed the FIR and all consequential proceedings. The judgment was delivered by a Division Bench comprising F. M. Reis and Nutan D. Sardessai, JJ., on 30th March 2017.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Compounding of Offences - Section 320 CrPC read with Section 482 CrPC - Offences under Section 323 IPC and Section 8(2) of the Goa Children's Act, 2003 are compoundable with the permission of the court - The court allowed the quashing of FIR No.4/2017 on the ground that the parties had amicably settled their dispute and desired to maintain cordial relations as neighbours - Held that continuation of proceedings would be an abuse of process of law and quashed the FIR (Paras 4-6).
Issue of Consideration
Whether the FIR registered under Section 323 IPC read with Section 8(2) of the Goa Children's Act, 2003 can be quashed on the basis of an amicable settlement between the parties?
Final Decision
The court quashed FIR No.4/2017 dated 3.3.2017 registered at Panaji Women Police Station under Section 323 IPC read with Section 8(2) of the Goa Children's Act, 2003 and all consequential proceedings.
Law Points
- Compounding of offences
- Quashing of FIR
- Settlement between parties
- Section 323 IPC
- Section 8(2) Goa Children's Act 2003
- Section 320 CrPC
- Inherent powers under Section 482 CrPC
